There are at least 11 million trucks on the roads with overworked trailer drivers carrying hazardous items. A Harvard study report suggests a quarter of tractor-trailer drivers fall asleep while driving. With many people relying on roads to get to their designated destinations, it takes an overworked trailer driver to change a motorist's life completely. A trailer typically weighs 20 or 30 more than an ordinary car, which can amplify the damages caused by a collision.
Injured victims should, therefore, seek the services of a Brookhaven truck accident lawyer to help them file a truck accident claim.
Most truck drivers are insured, which means more than one party can be held accountable for the negligence. An attorney specializing in truck accident cases under personal injury law can assist an injured victim in filing a lawsuit.
The legal professionals that have successfully won such claims are sure to attain similar outcomes on a case to prior results. They understand every step of car accident legal proceedings. Moreover, they can identify different lines of insurance companies responsible for negligent accidents. Therefore, injured victims must contact the Maltese Law Office at (631) 857-3703 to schedule a free legal consultation with a truck accident lawyer to determine their legal options.
Once the injury attorney establishes a viable truck accident case, the two parties can formally sign a fee structure agreement, usually on a contingency fee basis, meaning the lawyer gets paid after successfully winning the case. After this process, an attorney-client relationship is then formed.
What Plaintiffs Need to Do After a Truck Accident
The amount of confusion and shock right after an accident is quite enormous. Though understandable, the victims should ensure they do certain things. Firstly, check on other passengers to see if they’re alright. Next, they need to call emergency first responders like the police and medical practitioners to take care of any injuries or burns that have occurred. The police will take statements from witnesses, and involved parties, take pictures of the crime scene, and make extensive notes as part of the police report.
If possible, the injured victim needs to also document as much as they can about the situation using their phone camera. One should attain witness statements, plus pictures of their damaged car. The victim should also get pictures of their injuries and that of their passengers. This ensures that anything the police missed is covered in the victim’s documentation.
Leading Causes of Commercial Truck Accidents in Brookhaven, NY
There are common factors that increase the chances of an auto accident. They include:
Truck Driver Error
Even with the increased size and impact of trailer accidents, most drivers still drive their trucks recklessly. Some are found on wheels drowsy just to beat the trucking company’s mileage and additional locations. Moreover, others drive under the influence of drugs and alcohol, while some drivers get easily distracted while driving. Whether the accidents occur due to reckless driving or distracted driving, the victim suffers similar outcome-severe injuries. The negligent truck driver must, therefore, be held liable for his actions.
Poorly Maintained Trucks
Truck maintenance is paramount since trucks travel long distances, and it can be hazardous if they’re not cared for properly. Things like worn-out brake pads or cracked windshields, which may seem like simple maintenance tasks, can cause disastrous trailer accidents on the road - a reason why the trucking company has to ensure proper maintenance.
If a motor vehicle crash occurs due to defective equipment on a truck, the at-fault party will be the manufacturer of the parts, not the driver. In this case, a Brookhaven truck accident lawyer can tell if the parts manufacturer of the defective product is liable for damages.
Poor Road Maintenance
A poorly maintained road can cause truck crashes in Brookhaven, NY. In such a case, the government can be held liable for damages if a crash occurred due to poorly maintained roads.
Cargo Not Loaded the Right Way
Loading beds on a tractor-trailer must be done carefully. If done incorrectly, the truck’s load can easily roll over on the road, causing a crash.
Who’s Liable for Truck Accidents?
Individuals involved in a collision can hold several at-fault parties accountable. It’s not surprising to have an at-fault party like a trucking company denying the claims. Liable parties in this instance may include:
Company leasing the truck
Truck driver’s employer
A shipper who wanted the load transported
Common Injuries Sustained in a Truck Accident
An individual involved in a trailer crash can sustain serious injuries that are often life-threatening, including:
Spinal cord damage
Broken bones and burns
These injuries require extensive medical care, which usually costs a substantial amount of money. Moreover, a collision often causes considerable property damage.
Injured victims with serious injuries must seek legal help by scheduling a free consultation with a Brookhaven truck accident lawyer at Maltese Law Office to determine their next steps. Afterward, the legal team will file a lawsuit if the circumstances surrounding the crash warrants that.
Types of Truck Accident Lawsuits a Plaintiff Can File
With the help of a Brookhaven truck accident lawyer, a plaintiff can file the following truck accident claims:
Most lawsuits for semi-truck crashes are filed based on the negligent actions of a driver. Common cases of negligent by a trailer driver include:
Lack of truck driving experience
Operating an oversized truck on a narrow road
Failing to see other motorists due to a large truck's blind spot
Driving for long hours without taking breaks
Poorly maintained truck with constant issues like tire blowouts or worn-out brakes left unchanged
To win such a Brookhaven truck accident case, a truck accident lawyer representing the plaintiff must show the four elements of negligence. This includes the duty of care, the liable party breached his duty, the negligence led the at-fault party to cause the crash, and finally, the truck crash caused damages. Therefore, claimants must hire a legal team to help them prove negligent in their vehicle's collision case.
If a trailer or some parts of the truck are defective, then a semi-truck accident lawyer serving Brookhaven can assist a victim get compensation from the parts manufacturer. The Long Island truck accident attorney will come up with a viable claim for the truck accident case.
Proving the parts manufacturer was negligent in providing defective parts, a truck accidents lawyer serving Brookhaven must show the vehicle or defective part was unreasonably dangerous, the truck’s performance was operating exceptionally after its initial purchase, and that the defect emanated from the manufacturing process.
An individual can file a personal injury claim for the wrongful death of a loved one to seek compensation for damages like pain and suffering. The personal injury claims must show the exact facts about damages the deceased would show if he were alive.
Injury victims trying to file the aforementioned lawsuits must contact a legal team at Maltese Law Offices to schedule a free consultation for a free case review. The personal injury attorneys will help injured victims to hold the liable party accountable for damages and costs incurred.
Proving Liability with Injury Lawyers at Maltese Law Firm
Claimants can file for a personal injury lawsuit when they're not at fault for the auto collision. Brookhaven personal injury attorneys at Maltese Law Offices can help plaintiffs who've suffered personal injuries to recover compensation for medical care. The lawyer will determine all liable parties and hold them responsible for the injuries.
Building a Compelling Case
Truck accident cases are more complex than ordinary car accident cases, as they're more responsible parties to hold accountable. A reputed truck accidents lawyer can build a compelling case to present to an insurance company or jury while the plaintiff focuses on recovery.
An attorney will conduct an investigation and gather evidence after a free case review. They’ll attain police reports, videos and photos of the crime scene, data from the truck's onboard information system, and eyewitnesses, among other things.
The legal team will gather and document all medical bills and reports relating to the injuries, plus other documents that prove losses.
Determine the liable party and insurance carriers.
Negotiating with the insurance companies for fair compensation.
Represent the injured victim in court when the injury claim goes on trial.
An injured victim may require multiple surgeries, hospitalization, or assistive medical care that is quite expensive to come by. The said victim shouldn't battle with an insurance company for the maximum amount of compensation they deserve. A tractor-trailers lawyer serving Brookhaven, NY, with successful prior results of winning the case can take on the insurance adjustor on behalf of their clients.
The legal team will help clients file all documents before the statute of limitations elapses. Moreover, the attorneys usually work on a contingency fee basis, meaning the claimant will not pay them unless they win the case. This makes them strive twice as hard to ensure the results are successful.
Other Brookhaven Practice Areas
Plaintiffs Should Call Maltese Law Office Today!
Victims of tractor trailer accidents should not face the physical, financial, and emotional burden of a collision that wasn't their fault. An attorney can efficiently build a compelling and comprehensive case and negotiate for a settlement while their claimants recover from serious injuries. Plaintiffs should, therefore, contact Maltese Law Firm today at (631) 857-3703 to discuss the case. The initial consultation is free.